Nothing says holiday cheer like a big fat pink slip.

Sometimes, though, it just can't be avoided.

If an employee is worthless, causing havoc in the workplace or just simply needs to go, a boss has got to do what a boss has got to do.

And the first thing the boss has got to do is protect the company.

Most lawsuits against employers these days are for wrongful termination and discrimination. And if you haven't kept meticulous records, those can be the hardest to defend.

The first line of defense is a good offense, according to employment lawyer Mark J. Ricciardi of Fisher & Phillips.

When advertising an opening, start off with a good solid job description. If you don't know what you're hiring for, it's very hard to hire well. A solid job description will ensure the people you consider hiring have the necessary experience and education.

Hiring smart more often than not means not having to fire.

That can be a challenge for some Las Vegas businesses, where the educated workforce is small.

Recruiting from out of state is difficult because applicants must be persuaded there is life beyond the Strip.

The next step is the application.

Never accept a resume in lieu of an application and make sure the entire application is filled out, without any gaps.

"An application is like an autobiography, a resume is like a novel," Ricciardi said. "Nobody puts on a resume that they were fired for not showing up. Applications are designed to ask questions that get you the maximum information possible under the law."

It's smart to run your application by your legal adviser to be sure only appropriate questions are asked.

Ricciardi warns that he has seen applications in copy stores that include questions no longer allowed under anti-discrimination and privacy laws.

At this stage, it's smart to have your lawyer add some wording where the applicant acknowledges the truth of what he has written.

Once you've got the applications lined up, the important work begins. If your goal is to avoid hiring someone you'll eventually fire, now is the time for serious homework, Ricciardi said.

It's important to prepare for the interview: Formulate questions that will get the applicant talking, not just about his experience, but about who he is and where he is heading.

"The interview is the first date of a long courtship," Ricciardi said. "You really have to get to know the person, get into his soul and find out what makes him tick because you're going to be spending hours with this person, possibly more time than you spend with your spouse and family, and you want to make sure it's the right person."

Ricciardi said recent studies have shown that in job interviews, employers often spend so much time trying to impress recruits that they learn too little about them. Many employers, he said, talk 80 percent of the time and listen 20 percent of the time. It is in the employers best interests to reverse that.

"It does no good spending an hour telling the candidate how wonderful our company is," Ricciardi said. "That's a real problem in Vegas where we really have to sell it. You need to ask open-ended questions that get you a look inside the person."

Don't ask anything that can be answered by looking at the resume. Ask revealing questions such as what the applicant's pet peeves are or to describe the best or worst boss he ever had. And ask where he sees himself in five years. (But don't ever ask about age, religion or national origin).

The next step is the job offer. Be sure not to guarantee long-term employment in writing or in conversation. If you're an at-will employer you should have a statement to that effect in any written job offer.

If they accept, do any necessary background checks. A basic criminal background check is a good idea. Some companies also require drug testing and this is the time to arrange that.

But what happens if you've done all this and someone you've hired turns out to be a dud?

First off, you need to make sure he knows he is not meeting expectations, Ricciardi said. It's not a good idea to simply fire someone with little or no notice.

"If you just fire them, they might not know what they're doing wrong," Ricciardi said. "You've got to give them a chance to improve. You just went through this entire hiring process, it costs time, money and energy. Give them a chance to improve so you can salvage them. It's a good way to salvage people as well as to defend a wrongful termination suit."

You need to establish good clear policies and procedures in an employee handbook that has been reviewed by your legal counsel. And make sure employees have a copy and have signed a notice saying they've read it. That way, if they break the rules, you have a clear case for firing them fairly.

It's also important that these policies and rules be applied uniformly. If the owner's daughter gets away with it, everyone else can, too.

The best way to manage someone not meeting expectations is to try to help the employee improve. Attorneys call this progressive discipline. If, for example, someone continually shows up late, start with a warning.

Then move on to harsher measures such as face-to-face meetings, notes in their personnel file and even suspension. And make sure you tell them upfront what will happen if they offense occurs again.

There are instances, however, when progressive discipline is not appropriate. These include: Lying, stealing, violence and willful misconduct that's harmful, offensive or inappropriate.

Make sure you investigate fully and give them a chance to defend themselves. But if an employee is found to have done any of these things, give him the boot, or if necessary, call the cops and then give him the boot.

Now comes the hard part: Actually firing an employee.

Ricciardi said it's best to do it at the start or end of the day.

In Nevada you are required to give him a full paycheck at the time of an involuntary termination.

And do it in person, in private (with a witness)and don't share the details with anyone.

If appropriate, give him the opportunity to resign and a chance to clean out his desk in private after other workers are gone. And above all else, keep it professional.

"You've already done your investigation and you've already spoken to the person, there's no need for a debate at this point," Ricciardi said. "You need to calmly tell the person that you've discussed it before, it's not working out, it's time to part ways. Don't debate, keep it businesslike and short."

When it's all over with, you need to quell office curiosity as much as possible. You can send out a missive stating that the person is no longer working for the firm, and leave it at that. Keep the details on a need-to-know basis (and most people don't need to know).